Lessons From Lawyer Caricatures: Lawyers as seen on screen

"Lessons From Lawyer Caricatures" is an article that first appeared in the January/February 2009 Pennsylvania Lawyer Magazine. In this article, Attorney Daniel E. Cummins of the Scranton law firm Foley,Cognetti,Comerford, Cimini, & Cummins (www.foleycognettilaw.com) reviewed famous caricatures of lawyers from the movies and TV (My Cousin Vinny, Attorney Jackie Chiles from Seinfeld) and gathered lessons and practice tips from these depictions on how to improve one's own practice and courtroom performance.

&r v-* .*« '• 'i \ ;i <' .-J. iW-#7 :?t' '?-. on ; 1 ¦*/' i. .-V-H vi. vs }' \: -> j -• ¦¦.¦¦¦ •;» X-' fi/trT"' !,' :* av r t \v « v 'A . J!? >f » V ¦v>. %it#s& «*w*>K V-^ *. r* V I'L <«' & r* > \<vv. •'""¦'¦ J *; Mis I I*^i ?% >• •i "¦ ;.> -. * atw*-i-i "»»* #¦, Vv > Xi ^ * w.<-WV V^, ./* ,:. V *6 ¦>!¦-:¦ t 'r-' <¦ LV ^ I J-_> r^i1 •¦' \ •A * ^V .-¦-— ' \ %. ,'VJ L* -. f y?:\SV¦^ ^'*P' ¦'.;>: ¦. /t I I) V I # screen By Daniel E. f Cumm Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=3b745777-d76d-44fe-8dfb-e16c5247b07b\ AS SEEN ON ¦* *V V--Jf J e *#£ *> J i*^T(* ^ •\^J: IA */uv -* « S K i *: N w ong gone are the days when attorneys were routinely m-*. <\ V.'i portrayed in a noble fashion, such as counsel in the O ' *T r *T *-rr V AT* £ *»v.» t television shows "Perry Mason" and "Matlock," or in the 7^** !& iconic manner of attorney Atticus Finch in the novel and movie (Gregory Peck) "To Kill a Mockingbird." A" \ Nowadays, district attorney Jack McCoy (Sam Waterston) in "TLVa'sw and Order" is in the minority of modern-day positive portrayals .* of lawyers on television or in film. McCoy is presented as an At \a i * t upstanding, ethical, competent, always-professional attorney in -\ contrast to the unfavorable depiction of the criminal defense attorneys on the show. The viewing public also surely picks up on A*j McCoy's & • ' • i uncanny ability to conduct his direct and cross-examinations with only Wi t a handful of pointed questions presented in a matter of a minute or less and still obtain from the witness all of the necessary information M to meet his burden of proof. *' k'.*. * *v¦i•. ¦_ *J :'\ Unfortunately, other than Jack McCoy, lawyers are today k proreutsineenltyed in a negative caricature form in popular culture. Even keeping in mind that a caricature is a portrayal in which distinctive features or peculiarities of a subject are intentionally distorted or exaggerated sometimes fails to lessen the sting of these depictions. While some lawyer caricatures are irksome and even insulting, others can be amusing. Regardless, lessons can be learned from all such caricatures in handling one's practice in the public eye V and before a jury. Portrayed by Phil Morris, Chiles One hilarious TV lawyer caricature is a farcical but not-all-that-offis "Seinfeld's" Jackie Chiles, the the-mark example of the bombastic Johnnie Cochran-esque, high-proile attorney. He describes mundane attorney who represented Kramer in matters with such memorable such landmark cases as the Java quotes as, "That's deplorable, un¬ World case, the Mishke bra case, the fathomable, improbable" and "That's tobacco company case and the Good totally inappropriate. Its lewd, Samaritan case. lascivious, salacious, outrageous!" THE PENNSYLVANIA LAWYER • JANUARY/FEBRUARY 2009 49 Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=3b745777-d76d-44fe-8dfb-e16c5247b07bA Even when describing a simple candy bar, Chiles is over the top: "Oh Henry! That's one of our top-selling candy bars. It's got chocolate, peanuts, nougat. It's delicious, PROD. scrumptious, outstanding!" SCBNE TAKE Lesson: Lawyers are ridiculed for using DIRECTOR big words when little words will suffice CAMERAMAN — uh, when little words will do. Keep PROD. CO. DATE it simple in your oral and written presentations. Give them the old razzle dazzle The Jackie Chiles character is also lam¬ Razzle dazzle 'em pooned in "Seinfeld" for his apparent Give 'em an act with lots of flash in it penchant for directing the care of his And the reaction will be passionate injured clients. When Kramer was burned Give 'em the old three-ring circus by coffee in the Java World case, Kramer, Stun and stagger 'em unbeknownst to Chiles, put a balm on his When you're in trouble, go into burn at the suggestion of a friend. When your dance Kramer informed Chiles of this, Chiles Long as you keep them way off balance exploded: "You put the balm on? Who How can they spot you've got no talent told you to put the balm on? I didn't tell Razzle dazzle 'em you to put the balm on. Why'd you put And they'll make you a star! the balm on?" Don't think razzle dazzle theatrics can Lesson: Jurors look unfavorably upon persuade a jury to rule in your client's counsel directing their clients' treatment. favor in real life? Recall Johnnie Cochran Leave the medicine to the doctors. in the courtroom during the O.J. Simpson murder trial wearing a black knit The Master Showman cap and reiterating his memorable line, Another lawyer caricature involves the "If it doesn't it, you must acquit." sleazy greedy and slippery criminal defense attorney Billy Flvnn in the Lesson: Jurors want at least to be enter¬ musical/movie "Chicago" (and in the tained while they are forced to sit in the movie "Roxie Hart"). For all his flaws, box for a measly daily monetary stipend. 3d Hynn recognizes the value of theatrics Razzle dazzle them with compelling i at trials for entertaining the jury and demonstrative exhibits, persuasive perhaps even influencing its verdict. PowerPoint presentations and forceful opening and closing statements, and you Flynn (Richard Cere in the movie version may be rewarded in their verdict. of "Chicago") tells client Roxie Hart on the irst day of her murder trial, "Roxie, The Incompetent Lawyer you got nothing to worry about. It's all a In the 1982 movie "The Verdict, " lawyer circus, kid. A three-ring circus. Fhese Frank Calvin (Paul Newman) is rude, trials — the whole world — all show selfish, greedy and burned out. Calvin is a business." lawyer so crass as to believe it appropriate to troll funeral homes to hand out his Then, as he enters the courtroom, Flynn card in hopes of developing cases related bursts into a song that could very well to the deceased! In terms of his personal serve as a sort of "Rocky" theme music life, he is presented as having a totally to pump up trial attorneys on their way miserable existence compounded by a to trial: problem with alcohol. 50 JANUARY/FEBRUARY 2009 • THE PENNSYLVANIA LAWYER Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=3b745777-d76d-44fe-8dfb-e16c5247b07b7 Yet, as a plaintiffs attorney, he is portray¬ blossom as he proceeds, eventually ed as the underdog up against a polished managing to drum up evidence suficient and unethical insurance defense attorney to have the murder charges against his *i i who is in cahoots with the trial judge. clients dismissed. This depiction is similar to the represen¬ tation in a more recent movie, "A Civil Other ilms have likewise portrayed /^ Action," which stars John Travolta as the attorneys as incompetent yet somehow X plaintiff s attorney going up against a able to win a big case. For example, defense attorney played by Robert Duvall Rudy Baylor (Matt Damon) in "The and a defense-friendly judge played by Rainmaker" manages to prevail against John Lithgow. a big insurance defense irm and the ¦s insurance carrier despite an apparent K In " The Verdict," Calvin's courtroom inabiliy to remember how to get abilities are dismal despite his apparent important testimony into evidence at years of experience. In the trial scenes, he trial. Although the newly admitted Baylor 71 is shown as having little or no knowledge struggles with his inexperience, he set the stage. You pull your own strings. of how to deal with basic evidentiary somehow manages to prevail with the Fhe negative suggestion appears to be issues. Yet, no matter how poorly he jury. Similar to Frank Calvin in "The that attorneys can be good if thev want to performs in the courtroom, Calvin Verdict," he succeeds by convincing the be but often choose not to be. somehow manages to stumble alone to jury of his own unwavering belief in his a victorious verdict because of his belief client's cause. Another example of the professional and in his client's case. upstanding-appearing yet evil attorney is Lessons: The jury expects to see verbal Tom Hagen (Robert Duvall), who served Another caricature of a bumbling attor¬ jousting among the judge and opposing as the consigliere for the Corleone family ney who somehow succeeds can be found r counsel. Also, although the public may in "The Godfather" movies. in the movie "My Cousin Vinnv." When love to see lawyers fail, they may the district attorney springs on Vinny nevertheless choose to reward a lawyer Hagen is the legal front for the family Gambini (Joe Pesci) that he will be intro¬ who believes in a client and fights for the business of pocketing cops, judges and ducing new evidence at trial the following client's cause. So, if you do not believe in politicians. With that power, the day, the incompetent Gambini is ludi¬ your client's case, no one else will. consigliere helps the family illegally rule crously depicted as needing to turn to his its union and gambling interests and even unschooled girlfriend from the Bronx to The Evil, Ijiiethical Lawyer advises the Godfather that it is wise to inquire of her what she has read in his law In other caricatures, lawyers are consider buying into the narcotics books regarding disclosures prior to trial. represented as unethical, downright business. Hagen is depicted as not only criminal and even Satanic. In the movie going along with but even advocating Gambini is portrayed as equally incom¬ uDevil's Advocate," John Milton (Al violence, including against a police chief petent at trial. Witness the following Pacino), the head of a big New York City threatening the family business. He dialogue after the district attorney has law irm, is actually identiied as the devil rationalizes all this evil action and completed his opening statement in the himself. The movie chronicles Satan's devotion to his sole client by asserting irst-degree murder trial: recruitment of a hotshot young lawyer to that it's "not personal, but strictly Gambini: "Everything that guy just a big city irm and the seduction of that business.» said is bull . Thank you." impressionable attorney with tempting District Attorney: "Objection! Coun¬ offers of power, sex and money. Other less prominent examples of sel's entire opening statement is argu¬ unethical attorneys in ilm can be found ment." In terms of its representation of attorneys, in "... And Justice for All" and "Liar, Judge: "Sustained. Counselor's entire perhaps the only redeeming quality of Liar." In "... And Justice for All," Al opening statement, with the exception "Devil's Advocate" is its suggestion that Pacino plays Arthur Kirkland, a Baltimore of 'thank you,' will be stricken from the real battle between good and evil lies criminal defense lawyer disgusted with the record." within one's self and involves free will. In the rampant legal corruption he sees this regard, Milton sermonizes, "Freewill. around him who is required to defend a Despite this ridiculous opening of the It's like butterfly wings: Once touched, (guily) local trial court judge, whom he trial, Gambini somehow manages to they never get off the ground. No, I only despises, against rape charges. In an THE PENNSYLVANIA LAWYER •JANUARY/FEBRUARY2009 51 Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=3b745777-d76d-44fe-8dfb-e16c5247b07brJ' example of lawyers helping their own, publics perception of judges to the Kirkland himself faces disciplinary action point that they are seen as crackpots in the ilm but ends up having an affair who revel in berating and ridiculing with Gail Packer (Christine Lahti) even people. On a positive note, the public though she is a member of the state bar is now also exposed to the various judges ethics committee investigating Kirkland's who appear on television's ever-present alleged misconduct! "Law and Order" episodes. These judges are realistically depicted as professional, The movie "Liar, Liar" is an effort at the ethical and knowledgeable jurists who comic treatment of unethical lawyers. The preside over and maintain order in movie depicts Fletcher Reede (Jim Carrey) their courtrooms. as an attorney who is pathologically Tell Us Your unable to tell the truth either in court or Conclusion in his personal life until he is prevented As aggravating as they may be, lawyer Favorite from lying by a spell cast by his little boy caricatures can positively impact one's practice. Analyzing lawyer caricatures not 'War Story' Lesson: There will always be members only keeps one mindful of how the public of the public who will be prejudiced, views attorneys and judges but also offers without basis, against all lawyers as being many lessons on how to improve one's What's the lawyer story unethical or untruthful. To the extent own practice and public persona. possible, weed out those persons in voir you most love to tell when dire. Win over your remaining jurors by While community service, a zealous but you bend an elbow with talking to them, not down to them, in a sensible pursuit of justice on behalf of friends after hours? forthright and credible fashion. clients and a concerted effort bv all members of the bar to improve the image Every lawyer has a favorite Caricatures of Judges of lawyers through professional, courteous "war story" — a tale of a hard-Even judges are not above reproach and ethical behavior in the public eye when it comes to caricatures in ilm and may not eradicate lawyer caricatures, won legal battle, a story with a television. For example, the judges in such constant positive conduct can hilarious twist, an account uc^uspect" (John Mahoney) and in "... only help to discredit the negative and of an incredible escapade. And Justice for All" (John Forsythe) are exaggerated representations of this still Pick your best can't-top-this portrayed as outright criminals. Judges in noble profession. adventure with a judge, jury, other ilms such as "Presumed Innocent" client or colleague and write (Paul Winfield) seem unethical. Other judges are represented as clearly biased about it for us in 400 words in favor of one party, usually the defense, or less. in civil cases against a downtrodden plaintiff, such as the judges in "A Civil We'll choose the best of the Action" (John Lithgow) or "The Verdict" best to share with our readers (Milo CTShea). Televisions Judge Harold in an upcoming issue of T. "Harry" Stone (Harry Anderson) in aNight Court" is shown as a zany, A&I The Pennsylvania Lawyer eccentric, fun-loving jurist. Other judges Daniel E. Cummins magazine. E-mail your are hilariously depicted as insane, such as "war story" to us at the singing, gun-toting Judge Francis Daniel E. Cummins is 0 partner and editor@pabar.org Rayford (Jack Warden) in "... And Justice civil litigator at the Scranton law firm of Foiey, or mail it to for'All." Cognetti, Comerford, Cimini & Cummins. He Editorial Director can be reached at Unfortunately, the recent trend of dancummins@comcast.net. The Pennsylvania Lawyer numerous bawdv TV shows mimicking Jo comment on this article for P.O. Box 186 the set-up of "The People's Court" with publication in our next issue, please e-mail us Harrisburg, Pa. 17108-0186. Judge Joseph Wapner has affected the eadt itor@pabar.org. 52 JANUARY/FEBRUARY 2009 • THE PENNSYLVANIA LAWYER Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=3b745777-d76d-44fe-8dfb-e16c5247b07b

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